Supreme Court Cautions High Courts Against Entertaining Cases Already Under Its Consideration

Last Updated:November 11, 2025, 23:50 IST

Supreme Court expressed shock at the High Court’s decision to entertain the writ petition despite the top court’s ongoing supervision of the Corbett case.

The Supreme Court. (Image: PTI/File)

The Supreme Court on Tuesday reiterated that High Courts must refrain from entertaining matters that are already being examined by the top court.

A bench of Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria made the remarks while hearing a case regarding the issue of officers involved in the alleged illegal tree felling at the Jim Corbett Tiger Reserve, Livelaw reported.

The apex court, which has been monitoring the investigation by the Central Bureau of Investigation (CBI) into the alleged illegal constructions in Corbett, noted that it had earlier questioned the Uttarakhand Government for not granting sanction for prosecution. Following the Court’s oral observations on September 8, the State granted a sanction for prosecution against one officer on September 16.

Meanwhile, the officer, identified as Rahul later filed a writ petition before the Uttarakhand High Court challenging the sanction for prosecution granted by the Uttarakhand government, the report added.

On October 14, the Uttarakhand High Court admitted Rahul’s writ petition against the sanction and stayed its operation—prompting sharp disapproval from the top court last month. It also summoned the official asking him to show cause for not initiating contempt action.

Appearing for the officer, Senior Advocate R Basant submitted that Rahul had acted based on legal advice. The bench, however, noted that the officer should have approached the Supreme Court instead of moving the High Court while the matter was pending before it.

“In pursuance of the series of orders passed by this Court, it was not appropriate for Mr Rahul to have approached the High Court," the bench observed, adding that if he felt aggrieved by any observations of the Supreme Court, he could have sought appropriate orders.

During the hearing, the top court noted that Rahul had tendered an unconditional apology, which was accepted in light of his 21-year service record.

“This Court has always held that the majesty of law lies not in punishing, but in forgiving," the bench said, deciding against initiating contempt proceedings.

At the same time, the Supreme Court expressed shock at the High Court’s decision to entertain the writ petition despite the top court’s ongoing supervision of the Corbett case.

“Equally, we are amazed at the approach of the High Court. The High Court should have at least perused the sanction order, where a reference is made to our earlier orders. Time and again we have said that the High Courts are not inferior to the Supreme Court; however, when on the judicial side the Supreme Court is seized of a matter, the High Court is expected to give due respect to the proceedings before this Court," the bench remarked as quoted by the news outlet.

The bench then accepted Rahul’s apology and directed that the proceedings before the High Court be withdrawn and transferred to the Supreme Court.

Shobhit Gupta

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...Read More

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...

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